Know Your Rights A:
Smacking children
January 2016
Question
I heard that smacking a child is now illegal. What exactly are the rules?
Answer
The Children First Act 2015 provides for a number of key child protection measures. Changes aimed at banning corporal punishment or use of force against children came into effect on 11 December 2015. Since that date, a person who physically punishes a child can no longer rely on the defence of “reasonable chastisement” in the courts.
Before this change, parents or others acting in loco parentis could use physical force to punish their children, even though a law allowing parents to use force against their children was repealed in 2001. They could do this by relying on the common law defence of “reasonable chastisement”. This meant that a person who hit or smacked a child could argue that they did so to discipline the child. This was a defence to what would otherwise be an assault on the child. This defence can no longer be used in the courts.
No new offence has been created and there are no laws that directly ban the smacking of children. However the withdrawal of the “reasonable chastisement” defence means that an effective ban is in place.
You can visit Parenting24seven, an online resource from Tusla, the Child and Family Agency, to get information that is relevant to children and families at different stages of childhood and in different situations.
Further information is available from the Citizens Information Centre below.
Know Your Rights B:
The new PRSI credit
January 2016
Question
I earn €377 a week and pay Class A PRSI on my earnings. Will I get the new PRSI credit?
Answer
Starting on 1 January 2016, a new Pay Related Social Insurance (PRSI) credit applies to earnings between €352.01 and €424 per week. (If you earn less than €352 you do not pay any PRSI.) Previously people who earned very little more than €352 had to pay 4% PRSI on all their earnings. The new credit will reduce the amount of PRSI you have to pay. The credit is tapered and the amount of the credit depends on your earnings. The maximum credit is €12.
For example, if you earn €352.01 per week, you will get the maximum PRSI credit of €12. On these earnings of €352.01, your PRSI charge (calculated at 4% of your earnings) would be €14.08. After the €12 credit is deducted, you will pay PRSI of €2.08 instead.
If you earn between €352.01 and €424 per week, the maximum credit of €12 is reduced by one-sixth of the amount of your weekly earnings over €352.01.
You work out how much PRSI you will pay in four steps. First, calculate one-sixth of your earnings over €352.01. Then subtract this from the maximum credit of €12 to get your PRSI credit. Then calculate the basic PRSI charge at 4% of your earnings. Finally, deduct your PRSI credit from the PRSI charge. The result is the amount of PRSI you pay.
For example, for gross weekly earnings of €377:
1. One-sixth of your earnings over €352.01 is €377- €352.01 = €24.99, divided by 6 = €4.17.
2. Subtract this from the maximum credit of €12, giving you a credit of €7.83.
3. The basic PRSI charge is 4% of €377 = €15.08.
4. You will pay €7.25 PRSI weekly in 2016 (€15.08 minus your €7.83 PRSI credit).
Further information is available from the Citizens Information Centre below.
Know Your Rights C:
The minimum wage
January 2016
Question
I heard that the minimum wage has increased to €9.15 an hour. My employer says that this only applies to adults and that, as I am under 18, he won’t be increasing my hourly rate of pay. Is that right?
Answer
No. Since 1 January 2016, the statutory minimum wage for an experienced adult has increased to €9.15 per hour. Under the National Minimum Wage Act 2000, there are also pro-rata increases for those aged under 18 and for trainees.
The new rates are as follows:
Minimum hourly rate % of minimum wage
Experienced adult worker €9.15 100%
Aged under 18 €6.41 70%
First year from date of first employment aged over 18 €7.32 80%
Second year from date of first employment aged over 18 €8.24 90%
Employee aged over 18, in structured training during work:
In the 1st one-third period €6.86 75%
In the 2nd one-third period €7.32 80%
In the 3rd one-third period €8.24 90%
If your employer is not paying you the appropriate minimum wage, you can make a complaint to the Workplace Relations Commission (WRC) using the online complaint form available on workplacerelations.ie. In the complaint form you have two options. You may either request an inspector from the WRC to investigate a claim that the national minimum wage is not being paid or you may refer a dispute to a WRC adjudicator. However, you can only refer a dispute if you have requested a statement from your employer outlining the calculation of the average hourly pay.
You can get more information on the minimum wage and your employment rights from the WRC Information and Customer Service (Lo-call 1890 80 80 90 or workplacerelations.ie) or from the Citizens Information Centre below.
Know Your Rights D:
Refusal to prosecute
January 2016
Question
A friend of mine was very seriously assaulted but has been told that the person who was arrested will not be prosecuted. Can she find out the reason for this?
Answer
Yes she can. Since 16 November 2015, if the Office of the Director of Public Prosecutions (DPP) decides not to prosecute, the victim can ask the DPP for a summary of the reasons for the decision not to prosecute. In a fatal case a family member of the victim can ask. If the decision not to prosecute was made by the Gardaí, you must ask the Gardaí for a summary of the reasons for the decision.
To request a summary of the reasons for the decision by the DPP not to prosecute you must send a Request for a Summary of Reasons form to the:
Communications and Victims Liaison Unit,
Office of the Director of Public Prosecutions,
Infirmary Road,
Dublin 7
The form is available on dppireland.ie or from your local Garda station. You must send your request for reasons within 28 days of the date you are told of the decision not to prosecute. In some cases the DPP might extend this time limit.
If you are not satisfied, you can request a review of a decision. The review will be carried out by a lawyer who was not involved in making the original decision. If you have already requested a summary of the reasons for the decision, you must make your request for a review within 28 days of the date on the letter telling you of the reasons. If you have not asked for the reasons for the decision, you must make your request for a review within 56 days (8 weeks) of the date you are told of the decision not to prosecute. To request a review of the DPP’s decision, you should write to the Communications and Victims Liaison Unit.
Further information is available from the Citizens Information Centre below.
Know Your Rights has been compiled by Co Wicklow Citizens Information Service which provides a free and confidential service to the public. See www.citizensinformation.ie for details of your local centre or phone our main office in Bray on 0761 07 6780
Information is also available online at citizensinformation.ie and from the Citizens Information Phone Service, 0761 07 4000.
